There is an old saying: too many hands in the kitchen messes up the soup, or something like that. The danger of having too many cooks in the kitchen is that the public may deem the output as straight up rancid. The United States Court of Appeals for the District of Columbia was very clear that the Federal Communications Commission (FCC) needs congressional authority to reclassify broadband access as telecommunications.
The court also made it clear in its ruling in Comcast v. FCC that the FCC needs to show changes in how broadband is delivered and perceived by the consumer before any treatment of broadband as telecommunications can past muster.
I don’t think that FCC Chairman Genachowski should be in the room at all. This is a market issue that only Congress can address. Let content providers and broadband providers share their proposed language and maybe allow the Federal Trade Commission, the nation’s premier consumer protection agency, to weigh in. If this is truly a market failure issue, which I personally believe it is not, then allow the FTC to show up and speak to the consumer welfare issue.
All Mr. Genachowski needs to do at this point is to stay any current FCC proceedings on net neutrality and allow the Congress time to consider any legislation. Now that approach smells like mom’s home cooking.
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